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Filed Apr. 26, 2005

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IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2005 ND 77

State of North Dakota, Plaintiff and Appellee
v.
Matthew V. Bleibaum, Defendant and Appellant

No. 20040333

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Mikal Simonson, Judge.
AFFIRMED.
Per Curiam.
Frederick R. Fremgen (argued), State's Attorney, 511 2^nd Ave. SE, Jamestown, ND 58401, for plaintiff and appellee.
William A. Mackenzie (on brief), 404 2^nd Ave. SE, Jamestown, ND 58402-1836, for defendant and appellant.

State v. Bleibaum

No. 20040333

Per Curiam.

[¶1] Matthew Bleibaum appeals a criminal judgment following a jury conviction for aggravated assault, a class C felony. He claims there was insufficient evidence to convict him and the trial judge abused his discretion by denying Bleibaum's motion for acquittal under Rule 29 of the North Dakota Rules of Criminal Procedure.

[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(3) and (4).

[¶3]	Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Dale V. Sandstrom Mary Muehlen Maring